Effective date: 4. April 2018

Our services, including Whim and Swift card, are all about giving you the true freedom of mobility. Part of what makes that freedom possible is our commitment to protecting your privacy.

Maas Global Privacy Policy provides information on how we collect and process personal data, and how we use that data. This Privacy Policy applies to all our services specified in our Terms of Service and both are located at www.whimapp.com/terms.

Before you are able to have the Swift card, we collect some additional information which is necessary for providing the public transport services in TfWM area including printing and sending the Swift card. This information includes the following: Phone number, first name, last name, date of birth, street address, buiding/flat name, town/city, postcode and photo.

This information will be processed directly by the third party and we will not store that data. This additional personal data is processed only for providing Swift Card. Your personal data is stored for no longer than is necessary for the purpose of print and post the Swift card. MaaS Global ensures that adequate protection for your personal data is provided as required by applicable law, for example, by using standard agreements and by requiring the use of other appropriate technical and organisational security measures.

Swift Terms and Conditions

1. INTRODUCTION

1.1. These Terms and Conditions apply to the issue and use of the Swift Card Season Tickets loaded to the Swift Card.

1.2. When the Customer uses the Swift Card for travel on a Participating Operators’ services, they must do so in compliance with the Conditions of Carriage of that Participating Operator in addition to the Swift Terms and Conditions.

1.3. The Swift Card is and remains the property of MaaS at all times.

1.4. MaaS Global may at its sole discretion, at any time and without notice to the Customer, deactivate, cancel or suspend the right to use the Swift Card or refuse to reissue, renew or replace the Swift Card if MaaS Global has reason to believe that the Customer is in breach of these Terms and Conditions and/or any applicable legislation or regulations. In such circumstances, the Swift Card must be returned to MaaS Global immediately. MaaS Global does not accept any liability for the direct or indirect consequences arising from any deactivation, suspension or cancellation of a Swift Card in accordance with these Terms and Conditions.

1.5. For the purposes of these Terms and Conditions:

“Conditions of Carriage” means the regulations and terms and conditions of each Participating Operator.

“Customer” means the user of a Swift Card, (Swift Pay-As-You-Go credit and/or user of Season Tickets (and/or nbus Multi-Day Tickets) loaded to the Swift Card.

“Participating Operator” means a public Transport Operator who accepts some or all Products loaded to a Swift Card, details found at www.myswiftcard.com.

“Personalised Swift Card” means a Swift Card that has been personalised with the Customer’s photograph in accordance with section 3.5.

“Product” means the Season Ticket that is loaded to the Swift Card.

“Season Ticket(s)” shall mean an indication of certain travel related rights held within the Swift Card which shall establish the usage type and period of transport service(s) available to a Swift Card Customer by use of their Swift Card. The Season Ticket constitutes a contract directly between the Swift Card Customer and the relevant Participating Operator(s) and shall not represent a contract between MaaS Global and the Swift Card Customer.

“Swift Card” means a transport smartcard that can be loaded with electronic travel Products for use on Participating Operator services and is issued by MaaS Global.

“MaaS Global” is the organisation issuing the Swift Card with the agreement of the West Midlands Combined Authority the authority who owns the Swift Scheme at, 16 Summer Lane, Birmingham B19 3SD.

2. GENERAL CONDITIONS OF ISSUE AND USE OF THE SWIFT CARD

2.1. The Swift Card can be loaded with a Season Ticket used to validate travel on Participating Operator services in place of paying a cash fare or holding a paper Season Ticket pass. If the Swift Card is not loaded with a valid Product for travel the Customer will be required to pay for the journey. Customers found to be travelling without a valid ticket will be liable to pay a penalty fare.

2.2. The person to whom the Swift Card has been issued is responsible for the use of that Swift Card. Anybody found to be using the Swift Card fraudulently may be liable for possible prosecution.

2.3. The Customer must have the Swift Card with them at the time of travel. If the Customer is not able to present the Swift Card, they will be required to pay for the journey regardless of any available credit or ticket validity on the Swift Card.

2.4. The Customer must have the Swift Card available for inspection when travelling at any time. The Customer must show the Swift Card when requested by a member of staff, ticket inspector or other authorised officer and allow it to be read by any electronic reading device. Failure to do so may result in the issue of a penalty fare.

2.5. MaaS Global will not be liable for any additional travel costs incurred as a result of the circumstances in sections 2.1, 2.3, and 2.4.

2.6. MaaS Global may at its sole discretion withdraw the Swift Card if it believes that it has been intentionally misused, damaged, defaced, altered or tampered with in any way. In such circumstances, Customers will not be entitled to a refund of any remaining value or ticket validity on the Swift Card.

2.7. The Swift Card scheme may be withdrawn at any time at MaaS Global’s sole discretion. The Customer will be entitled to a full refund of any remaining value or ticket validity on the Swift Card and no administration fee will apply where the scheme is withdrawn by Maas Global.

3. SWIFT CARD LOADED WITH A SEASON TICKET

3.1. Conditions of Use of Season Tickets loaded to a Swift Card

3.1.1. Swift Cards loaded with a Season Ticket are not transferable. The Season Ticket is for the sole use of the Swift Smart Card Customer only.

3.1.2. Any attempted use of Season Ticket by a person not entitled to use it may result in the confiscation of the Swift Card and the issue of a penalty fare.

3.1.3. By purchasing a Swift Card loaded with a Season Ticket, you agree to be bound by the terms and conditions applicable to the Season Ticket which are available at www.whimapp.com/swift. For the avoidance of doubt, these Swift Terms and Conditions do not replace or override any other terms and conditions of the Season Ticket.

3.2. The use of Season Tickets loaded to a Swift Card on bus

3.2.1. At the time of travel on bus the Swift Card must be presented to and placed on the electronic reader to verify entitlement to travel. The electronic reader will make an audible sound and or display a light to indicate that it has successfully read the Swift Card and there is a valid Product allowing travel on the service.

3.2.2. The Customer will not be able to travel on the service until the electronic reader has read the Swift Card and validated its travel rights.

3.2.3. Swift Cards that do not read or do not have a valid Product will not be accepted and a charge for the journey will be applicable. The Customer will not be able to continue to travel on the bus service until payment for the journey has been made or may be asked to alight the service and be subject to a penalty fare.

3.3. The use of Season Tickets loaded to a Swift Card on tram

3.3.1. At the time of travel on tram the Swift Card must be presented to the member of staff, ticket inspector or other authorised officer and allow it to be read by any electronic reading device to verify entitlement to travel. The electronic reader will make an audible sound to indicate that it has successfully read the Swift Card and there is a valid Product allowing travel on the service.

3.3.2. Swift Cards that do not read or do not have a valid Season Ticket will not be accepted and a charge for the journey will be applicable. The Customer will not be able to continue to travel on the tram service until payment for the journey has been made or may be asked to alight the service and be subject to a penalty fare.

3.4. The use of Season Tickets loaded to a Swift Card on train and at rail stations

3.4.1. At the time of travel on train, the Customer must show the Swift Card upon request by a member of staff, ticket inspector or other authorised officer and allow it to be read by any electronic reading device to verify entitlement to travel. The electronic reader will make an audible sound to indicate that it has successfully read the Swift Card and there is a valid Season Ticket allowing travel on the service.

3.4.2. Swift Cards that do not read or do not have a valid Season Ticket will not be accepted and a charge for the journey will be applicable. The Customer will not be able to continue to travel on the train service until payment for the journey has been made or may asked to alight the service and be subject to a penalty fare.

3.4.3. When entering or exiting a gated rail station, the Swift Card must be presented to and placed on the electronic reader on the gate to verify entitlement to travel. When the Swift Card has successfully read the gates will open allowing the Customer to enter or exit the rail station.

3.4.4. The Customer will not be able to enter or exit a gated rail station until the electronic reader has read the Swift Card and validated its travel rights.

3.4.5. Swift Cards that do not read at a gated rail station or do not have a valid Season Ticket will not be accepted.

3.5. Personalisation of Swift Card loaded with a Season Ticket

3.5.1. A Swift Card loaded with a Season Ticket must be personalised with the photograph of the person for whom the Product was purchased for and printed on the Swift Card.

3.5.2. Photograph’s must adhere to the following criteria:

3.5.2.1. Head & shoulders only

3.5.2.2. In colour, not black and white

3.5.2.3. Taken against a light/plain background

3.5.2.4. With the Customer facing forward, looking straight at the camera

3.5.2.5. Only showing the Customer’s full uncovered face – No hats, sunglasses or scarves (unless worn for religious reasons)

3.5.2.6. Be in sharp focus

4. REPLACEMENT SWIFT CARDS AND REFUNDS

4.1. In the case of lost, stolen or damaged Swift Cards, Customers who have registered their Swift Card to an Online Swift Account can apply for a replacement of their Swift Card. The Customer must notify MaaS Global immediately by contacting helpcentre@whimapp.com.

4.2. The Customer’s original Swift Card will be cancelled to prevent any unauthorised use.

4.3. A replacement fee of £7.50 may be charged at MaaS Global’s discretion.

4.4. MaaS Global will not be liable for any additional travel costs incurred whilst the Customer is awaiting the replacement Swift Card.

4.5. Refunds on Season Ticket validity will be issued subject to MaaS Global’s discretion.

4.6. Once notice is given to MaaS Global of a refund, Swift Cards or Products will be cancelled or blocked from the date of notification.

4.7. Customer’s will not be entitled to a refund if the Swift Card has been used fraudulently or if the Customer continues to use the Swift Card after reporting it lost.

4.8. Customer’s will not be entitled to a refund if the Swift Card is deactivated, cancelled or suspended in accordance with section 1.4.

5. LIABILITY

5.1. MaaS Global’s liability to the Customer is limited to the value of any remaining Season at any given time to the extent permitted by English law.

5.2. Notwithstanding anything to the contrary contained herein, MaaS Global shall not be liable for any loss, damage, expenses, claims, liability or costs which the Swift Card Customer may suffer or incur in connection with:

5.2.1. the use or issue of Swift Cards, including but not limited to the Swift Card failing to reach the Swift Card Customer by post;

5.2.2. a refusal to issue or a delay in issuing a Swift Card;

5.2.3. a Swift Card being “blocked” for a justified reason, including but not limited to the Swift Card being lost or stolen, or if there is suspicion of fraud or misuse;

5.2.4. any period during which any equipment, software or system fails or is unavailable for processing the Swift Card for payment or collection of credit or Products;

5.2.5. a delay in refunding any payment made on the Swift Card;

5.2.6. any loss or damage suffered as a result of the Customer failing to inform MaaS Global that the Swift Card has been lost, damaged or stolen as per section 4;

5.2.7. any loss suffered as a result of any Product being purchased where a service fails to run for any reason;

5.2.8. the cancellation of the Customer’s Swift Card by MaaS Global for any reason.

5.3. If a Swift Card Customer cannot travel due to any equipment, software or system for Swift Cards failing, the appropriate full fare will be charged by the relevant Participating Operator. Any such failure should be reported to MaaS Global who will investigate the failure.

5.4. MaaS Global shall not be liable to the Customer for any losses they may incur as a result of the Customer failing to notify MaaS Global of a change in the Customer’s personal details.